Law and the Built Environment

Citation

Warren, C.M.J. (2012), "Law and the Built Environment", Property Management, Vol. 30 No. 2, pp. 209-210. https://doi.org/10.1108/pm.2012.30.2.209.1

This text is an excellent recommended one for any students studying construction or property in undergraduate courses in the UK. It also makes a sound reference text for practitioners in the built environment. The authors are all leading academics at UK universities delivering programs in construction and property and the text is designed to cover the basics of legal issues facing built environment practitioners. While the text is written from an English perspective, citing English statutes and case law, it also will be of some general use to students in other regions where the British legal system was the original basis for the prevailing local one.

The book introduces the key legal principles which students of the construction and property industries need to understand in order to practice as competent property professionals. There are six chapters, each dedicated to a separate key legal principle. Chapter 1 provides an introduction to the legal system, the nature of the law in England and within the European community, the division between statute and common law, together with an overview of the operation of the court system and alternative dispute resolution methods.

Chapter 2 is perhaps the most important from a construction and property management perspective as it addresses the law of contract. The chapter outlines the nature of a contract and what is legally required to form a contractual agreement. It also deals in detail with the common disputes which arise under a contract and the remedies available to the parties. Each section of the chapter follows in a logical progression through the major elements of contract law with sub‐section headings and comprehensive citation and précis of relevant case law to illustrate the precedence relevant to the section being considered.

Chapter 3 explores the law of Tort, an area of particular interest to professionals in property and construction as it considers at length the nature of a professional practitioner's duty of care and highlights where claims for negligence can arise against professional practice. Professional liability, the Bolam test and the degree of competence expected of a person claiming to be a professional are explained. Once again relevant cases are referenced. The last part of the chapter discusses the nature of trespass and nuisance and how these two importance aspects of the law differ in their application to real property.

Chapter 4 provides an overview of English land law. The nature of freehold and leasehold interests in land and the process of establishing and transferring title to land are all discussed. The various charges over land are addressed, including easements, mortgages and restrictive covenants. While not a very comprehensive text on this complex element of the law, the chapter provides a sound overview which can then lead the reader to explore in more depth some of the issues raised.

Chapter 5 focuses on the leasehold title in land and the relationship between landlord and tenant. This chapter refers extensively to the statute law which has developed in the UK to regulate the relationship between the parties to a lease agreement. Particular reference is given to areas which often give rise to dispute, namely rent reviews, repair of premises and lease termination.

The final chapter is dedicated to public law and regulation covering the important aspects of building control and town planning, together with regulation of emissions from buildings and the management of waste from construction and building operation.

This book is very well written. It is easy to follow and aids understanding. It is organised in a logical structure supported by comprehensive citation of relevant case law and statutes. The main limitation of the book is that it is a UK based text and, when discussing the legal aspects of property and construction, obviously has to make reference to UK statutes and cases. To any student in the UK this is a very useful introduction to the law as it applies to the built environment and it would also be a useful reference handbook for practitioners looking to refresh their knowledge in this area.